Government Constitutes the 23rd Law Commission

The government has established the 23rd Law Commission for a three-year term, allowing serving Supreme Court and high court judges to be chairpersons and members. The 22nd Law Commission's term ended on August 31, with the new panel effective from September 1, tasked with complex legal advisory roles.

The government has officially constituted the 23rd Law Commission for a three-year duration, a move that includes the provision to appoint sitting Supreme Court and high court judges as chairpersons and members.

The panel's primary role is to advise the government on intricate legal matters. Once the commission is formed, the government begins the process of appointing its chief and members.

According to a law ministry order issued late Monday, the 22nd Law Commission's term concluded on August 31, with the new body constituted effective September 1.

Previous notifications for the 21st and 22nd Law Commissions, issued in September 2015 and February 2020 respectively, allowed for serving SC and HC judges as chairpersons and members, although in recent instances, the body has mostly been headed by retired top court judges or former chief justices of high courts.

On August 31, the 22nd Law Commission's term ended without a chairperson for several months, leaving its key report on the Uniform Civil Code (UCC) incomplete.

The report on simultaneous elections is ready but pending submission to the law ministry, as noted by individuals familiar with the procedure who mentioned that the report cannot be submitted without a chairperson.

Justice (retd) Ritu Raj Awasthi, the former head of the 22nd Law Commission, was recently appointed as a member of the anti-corruption watchdog, Lokpal.

A high-level committee led by former President Ram Nath Kovind submitted its 'one nation, one election' report in March.

Last year, the 22nd Commission started new consultations on the UCC and was preparing a draft report before Justice Awasthi's appointment to the Lokpal.

The new panel will have a full-time chairperson and four full-time members, including a member-secretary. The order specifies that the Department of Legal Affairs and the Legislative Department secretaries will be ex-officio members with a limit of five part-time members.

Serving judges appointed as chairpersons or members will work full-time until their retirement or the Commission's term ends, whichever is earlier. The time spent will be considered 'actual service.'

In case of 'other category' appointees as chairpersons or full-time members, the chairperson will receive a fixed monthly pay of Rs 2.50 lakh, while members will get Rs 2.25 lakh. Retired judges will receive a maximum monthly pay that includes pension benefits, not exceeding Rs 2.50 lakh or Rs 2.25 lakh, respectively.

(With inputs from agencies.)